Health Information Management

Connecticut court allows negligence lawsuit tied to HIPAA

HIM-HIPAA Insider, December 8, 2014

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The Connecticut Supreme Court recently overturned a trial court determination indicating that a plaintiff could not file claims for negligence if the underlying cause was related to a HIPAA violation, according to www.ctpost.com.
 
Avery Center for Obstetrics and Gynecology, P.C., in Westport, Connecticut, received a subpoena for Emily Byrne’s medical records as part of a case involving Byrne and a man who filed paternity actions against her. Byrne had previously instructed the medical office not to release her information to her child’s father, but the medical center did so anyway. Byrne then sued the medical practice for negligence, according to www.ctpost.com.
 
The Connecticut Supreme Court ruled that a HIPAA violation may be considered a violation of accepted standards of care. This is the first ruling of its kind in Connecticut, although courts in Missouri, West Virginia, and North Carolina have made similar rulings. The Connecticut Supreme Court remanded the case back to a lower court for trial, according to www.ctpost.com.
 
This article originally appeared on HCPro’s HIPAA Update blog. Stay up to date on all things HIPAA by signing up for e-mail updates from this blog.



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